Constitution of Norway: Difference between revisions

{{Short description|ConstitutionSupreme law of the Kingdom of Norway, adopted on 16 May 1814}}

{{Expand Norwegian|topic=gov|Norges Grunnlov|date=January 2021}}

| document_name =abdulla erThe smartereConstitution ennof degthe pedoKingdom of Norway

| title_orig = {{lang-da|Kongeriget Norges Grundlov}}<br>

| system =[[Constitutional Monarchymonarchy]]

It wasis considered one of the world's most liberal and democratic constitutions.{{citation needed|date=May 2023}} It is the fourth oldest written single-document national constitution in [[Europe]] after the [[Constitution of 3 May 1791|Constitution of Poland]], the [[French constitution of 1791]], and the [[Spanish Constitution of 1812]],. andThe document is also the [[List of national constitutions|second oldest]] working national constitution in the world, after the [[Constitution of the United States]].<ref name=":0">{{Cite web|date=2021-01-19|title=The Constitution|url=https://www.stortinget.no/en/In-English/About-the-Storting/The-Constitution/|access-date=2021-02-21|website=Stortinget|language=en}}</ref> In May 2014, the [[Storting]] passed the most substantial changes since 1814, particularly by including paragraphs on human rights.<ref>{{cite web|url=http://www.aftenposten.no/meninger/Gar-utenom-7599077.html|title=Går utenom|website=aftenposten.no|access-date=21 March 2018}} [https://translate.googleusercontent.com/translate_c?depth=1&hl=en&nv=1&rurl=translate.google.com&sl=auto&sp=nmt4&tl=en&u=https://www.aftenposten.no/meninger/i/Eoexj/Gar-utenom&xid=17259,15700019,15700124,15700126,15700149,15700186,15700191,15700201&usg=ALkJrhiwnjlYeWE755OtfdnwS4V1GtEk8w Translation.]</ref>

Until 1814, Norway was part of the Kingdom of [[Denmark-NorwayDenmark–Norway]]. Following the defeat of [[Napoleon I of France|Napoleon's]] troops at the [[Battle of Leipzig]] in October 1813, the [[Treaty of Kiel]] of January 1814 ceded Norway to Sweden. In response, the Crown Prince of Denmark-NorwayDenmark–Norway and resident viceroy in Norway, [[Christian Frederik]], started a [[Norway in 1814|Norwegian independence movement]]. The most likely goal of the young Crown Prince was reunification with Denmark. His initiative was successful, and a [[Norwegian Constituent Assembly|national assembly]] at [[Eidsvoll]] was called. The assembled representatives were elected by the congregations of the [[Church of Norway|state church]] and by military units throughout Norway.{{Citation needed|date=February 2021}} They convened at the Eidsvoll manor on 10 April. The constitution was written during five weeks of the spring of 1814. It was ratified by the assembly on 16 May,<ref name="Constitution">{{cite web|url=https://www.stortinget.no/en/Grunnlovsjubileet/In-English/The-Constitution---Complete-text |title=The Constitution - Complete text |last=The Storting’sStorting's Information Corner |work=stortinget.no |year=2011 |access-date=30 November 2016 |url-status=dead |archive-url=https://web.archive.org/web/20110829055430/http://www.stortinget.no/en/In-English/About-the-Storting/The-Constitution/The-Constitution/ |archive-date=29 August 2011 }}</ref> and signed the following day. The latter date is now celebrated as the [[Norwegian Constitution Day]].{{Citation needed|date=February 2021}}

The Norwegian constitution was inspired by the [[United States Declaration of Independence]] in 1776 and the [[French revolutionRevolution]] in 1789, and the subsequent U.S. and French constitutions. The authors, [[Christian Magnus Falsen]] and [[Johan Gunder Adler]], were also influenced by the [[Spanish Constitution of 1812]]. A deviation from the republican constitutions of France and the USAUnited States was the retention of [[monarchy]]. Importing republicanism was seen as an attempt to emulate the French and Americans directly, something the lawmakers at Eidsvoll sought to avoid. The choice of monarchy as state form would also facilitate the reunification of Denmark-NorwayDenmark–Norway, something the Crown Prince was not alone in seeking. The king's power was however severely curtailed. His absolute veto over laws was removed.{{Citation needed|date=February 2021}} The council of Eidsvoll chose, not surprisingly, Crown Prince Christian Frederik as [[Monarchy of Norway|king]]. He was thus ''chosen'', and as such a king by the will of the people rather than by the grace of God. In a Europe where almost all countries were ruled by [[absolute monarchy]], this was seen as extremely radical. [[Christian Adolph Diriks]], who was the legal secretary of the [[Standing Committee on Scrutiny and Constitutional Affairs|Constitutional Committee]], was the assembly's resident expert on foreign constitutions, and played an important part in shaping the language of the constitution. Diriks is credited with formulating §100, concerning [[freedom of speech]], and §102, guarding against unreasonable [[Search and seizure|searches and seizures]].<ref name=nbl>{{cite encyclopedia|title=Christian Adolph Diriks|encyclopedia=[[Norsk biografisk leksikon]]|first=Terje|last=Bratberg|editor=[[Knut Helle|Helle, Knut]]|publisher=Kunnskapsforlaget|location=Oslo|url=http://www.snl.no/.nbl_biografi/Christian_Adolph_Diriks/utdypning|language=no|access-date=2010-05-28}}</ref>

The constitution shows a curious mix of radical and traditional values. The principle of [[separation of powers]] between the executive, legislative and judicial branches was directly inspired by radical ideas from the US and French systems. The retention of a king, a [[Church of Norway|constitutional church]], defined as Evangelical-Lutheran, and the [[Jesuit clause|banning of Jesuits]], monkishmonastic orders, and Jews, which latter were not allowed to travel to Norway, in the face of [[Republicanism]] was a traditionalist move; however, the king's power was severely curtailed, and the church very much under the control of the elected body. Suffrage was extended, but was still restricted to certain groups of men. All men who were either farmers possessing their own land, civil servants, or urban property owners could vote. With this, about half of all Norwegian men were granted the right to vote.{{Citation needed|date=February 2021}}

Prince Carl, however, was well aware of a surge of republicanism in Norway and of the constitutional situation of the Norwegian throne. He insisted that he would accept the crown only if the Norwegian people expressed their will for monarchy by referendum and if the parliament then elected him king. On 13 November, the [[Norwegian monarchy plebiscite, 1905|Norwegian votes decided on monarchy]] with a 7478.9 percent majority, and Carl was elected King by the Storting, taking the regnal name [[Haakon VII of Norway|Haakon VII]].

While radical in its day, the constitution of 1814 was a product of its age. As Norwegian democracy developed, some parts of it began to look increasingly dated. For example, the executive power, which in the constitution is consistently attributed to the King, came increasingly to rest in his Council of State ({{Lang|no|statsråd}}). Similarly, the King originally had the right to appoint members of the Council, who were answerable to him alone, and they could not be chosen from the members of the [[Storting]]. With the establishment of [[parliamentarism]] in 1884, the Council was effectively chosen by general election, in that the King appointed only members of the party or coalition having a majority in the Storting. Further, the Council became answerable to the Storting, in the sense that a failed vote of confidence would cause the government to resign. This last happened in March 2000, when the governing coalition refused introduction of electrical power stations based on natural gas on environmental grounds, which a majority of the Storting supported.<ref>{{cite news|title=Regjeringen går av|url=http://www.vg.no/nyheter/innenriks/artikkel.php?artid=4600749|access-date=29 November 2013|newspaper=[[Verdens Gang]]|date=9 March 2000}}</ref>

As a relic from the earlier laws of [[Denmark-NorwayDenmark–Norway]], Article 2 in the constitution originally read, ''"The Evangelical-Lutheran religion remains the public religion of the State. Those inhabitants, who confess thereto, are bound to raise their children to the same. [[Society of Jesus|Jesuits]] and monastic orders are not permitted. Jews are still prohibited from entry to the Realm."'' In 1851, the [[Jew clause|last sentence]] was struck out after the Norwegian poet [[Henrik Wergeland]] had campaigned for the rights of the Jews, and in 1897 also the next to last sentence. Monastic orders were permitted 1897, but the ban on Jesuits was only lifted in 1956.

In May 2012, parliament passed a constitutional amendment, for the second time, to separate church and state.<ref>{{cite web|title=Norway makes another step in the long road to separating church and state|url=http://www.secularism.org.uk/news/2012/05/norway-shows-the-way-by-separating-church-and-state|access-date=21 March 2018|website=secularism.org.uk|date=15 May 2012 }}</ref> This formally made Norway a secular country with no official religion, although the Church of Norway is still mentioned in the Constitution. Article 12 in the constitution, which stated that more than half of the persons in the Council of State had to be members of the state church was also repealed.<ref>{{cite web|title='King Harald's faith' - comment in Aftenposten (in Norwegian)|url=http://www.aftenposten.no/meninger/kronikker/article2391871.ece|url-status=dead|archive-url=https://archive.today/20120717190842/http://www.aftenposten.no/meninger/kronikker/article2391871.ece|archive-date=17 July 2012|access-date=21 March 2018|website=aftenposten.no}}</ref><ref>Plesner, I.T. "State church and church autonomy." in ''CHURCH AUTONOMY: A COMPARATIVE SURVEY'' (Gerhard Robbers,

All amendments prior to 2014 have attempted to imitate the language of the 1903 version, leading to peculiar constructions. The word "''environment"'' was written inwith the ancientarchaic spelling ''Milieu'', differing from modern Norwegian and Danish ''{{Lang|no|miljø''}}; the modern context of that word was, however, non-existingexistent in the 19th century. The "[[Sami people|Sami]] ethnic group" was "{{Lang|no|den samiske Folkegruppe}}", even though the word Sami (''samiskSami'' ({{Lang|no|samisk}}) was not common until the 1970s. In 1814 and 1903, the word [[Lappish]] (''{{Lang|no|lappisk''}}) would have been used. In February 2006, a constitutional amendment was aimed at reverting 16 minor spelling errors to the proper 1903 forms.{{Citation needed|date=February 2021}}

Different approaches to revise the language throughout the document waswere suggested:{{citation needed|date=June 2014}}

In 2014, when the language in the constitution was officially revised they went with the first approach, which produced an updated [[Bokmål]] version and a completely new modern [[Nynorsk]] version.<ref>{{cite web|url=http://lovdata.no/dokument/NL/lov/1814-05-17|title=Kongeriket Norges Grunnlov - Lovdata|website=lovdata.noLovdata |access-date=21 March 2018}}</ref> The Nynorsk version was compiled by a committee headed by professor [[Hans Petter Graver]].<ref>{{Cite news|url=https://www.nrk.no/kultur/grunnloven-blir-nynorsk-1.11700841|title=Grunnloven blir nynorsk|last=Trulsen|first=Ola Nymo|work=NRK|access-date=2018-11-18|language=nb-NO}}</ref> These are based on propositions 21, 22 and 25.<ref>{{cite web|url=https://www.stortinget.no/no/Saker-og-publikasjoner/Publikasjoner/Grunnlovsforslag/2011-2012/dok12-201112-025/|title=Grunnlovsforslag fra Marit Nybakk, Martin Kolberg, Jette F. Christensen, Hallgeir H. Langeland og Per Olaf Lundteigen om vedtak av Grunnloven på tidsmessig bokmål og nynorsk|date=28 September 2012|website=Stortinget|access-date=21 March 2018}}</ref><ref>{{cite web|url=https://www.stortinget.no/no/Saker-og-publikasjoner/Publikasjoner/Grunnlovsforslag/2011-2012/dok12-201112-021/|title=Grunnlovsforslag fra Anders Anundsen, Per-Kristian Foss, Carl I. Hagen, Michael Tetzschner og Finn-Erik Vinje, vedtatt til fremsettelse av Anders Anundsen, Per-Kristian Foss og Michael Tetzschner om språklig fornyelse av Grunnloven|date=27 September 2012|website=Stortinget|access-date=21 March 2018}}</ref> Before this, the official name of the Kingdom of Norway ({{Lang-nb|Kongeriket Norge}}, {{Lang-nn|Kongeriket Noreg}}) would have been ''"''Kongeriget Norge", as in the modern Danish form if taken literally from the old constitution.

After the session is opened and a secretary and president are elected for the period, the King addresses the representatives with the ''Trontale'' ({{Lang-|no|Trontale}} ('Speech from the Throne}}') in his capacity as formal head of state. The ''{{Lang|no|Trontale''}} summarizes the governmentsgovernment's program for the coming year, and while delivered by the King, is written by the sitting government.<ref>{{cite web|last=L.H.|first=Barstad|title=The State Opening of the Storting|date=2 October 2013 |url=http://www.stortinget.no/en/In-English/About-the-Storting/News-archive/Front-page-news/2013-2014/THE-STATE-OPENING-OF-THE-STORTING/|publisher=Stortinget (official Parliament website)|access-date=29 November 2013}}</ref> The ''{{Lang|no|Trontale''}} is followed by a general debate, where the opposition states their main points for the year to come. Following the debate, the youngest member of the cabinet reads The Report on the State of the Realm.<ref>{{cite web|last=Måseide|first=T.|title=The Report on the State of the Realm|url=http://www.regjeringen.no/en/dep/smk/documents/The-Report-on-the-State-of-the-Realm.html?id=87168|work=Office of the Prime Minister|date=4 October 2006 |publisher=Government.no|access-date=29 November 2013}}</ref>

'''Chapter A''' consists of Articles 1 and 2, which state that Norway is "a free, independent, indivisible and inalienable realm" with "a limited and hereditary monarchy." The state's values are its "Christian and humanist heritage," democracy and "the rule of law and human rights." The mention of humanist values was made due to the popularity of [[secular humanism]] in Norway and the importance of [[secular ethics]] to millions of Norwegians.